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Criticism and review involve analyzing and judging merit or quality. The dealing may even be defamatory while remaining a fair dealing. [31] The key is that fairness relates to the extent, rather than the content, of the copying.
Computer programs were included as works protected under copyright, the extent of moral rights was clarified, the provision for a compulsory license for the reproduction of musical works was removed, new licensing arrangements were established for orphan works in cases where the copyright owner could not be found, and rules were enacted on the ...
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The defendant bought one of the posters and, using a specialized process, transferred the physical ink from the poster to a canvas. The main question in the case was whether there was copyright infringement. Justice Ian Binnie writing for the majority stated that there was a distinction between economic and moral rights:
In order to maintain the proper balance between the rights of copyright owners and user’s interest, it must not be interpreted restrictively. [18] It is also integral to the Act, and the defence is always available. [18] The Court gave a two-stage test for determining whether fair dealing applies:
The scope of copyright limitations and exceptions became a subject of societal and political debate within various nations in the late 1990s and early 2000s, largely due to the impact of digital technology, the changes in national copyright legislations for compliance with TRIPS, and the enactment of anti-circumvention rules in response to the ...
In order to maintain the proper balance between the rights of a copyright owner and users' interests, it must not be interpreted restrictively. Furthermore, by taking "a liberal approach to the enumerated purposes of the dealing", the Court has made fair dealing more flexible, reducing the gap between this provision and US fair use. [14]
The dissent based this position on section 2.7 of the copyright act, which states that an "exclusive license is an authorization to do any act that is subject to copyright to the exclusion of all others including the copyright owner."
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